dmca/2018/2018-01-19-SageTechnologies...

3.6 KiB

Are you the owner of the content that has been disabled, or authorized to act on the owner's behalf?
Yes. I am [private]

What files were taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
https://github.com/Jeamz/Droplet

Do you want to make changes to your repository or do you want to dispute the notice?
I want to dispute the integrity of the notice filed against the repository, and I am willing to only remove the filler's name, of which he said the repository contains without his permission.

Is there anything else you think we should know about why you believe the material was removed as a result of a mistake? (optional)
The notice filed states that the code belongs to the company because of my resignation from the company in October and therefore all intellectual property made by me belongs to the company. What the notice failed to address was that the code in Jeamz/Droplet was created prior to the formation of the legal company entity--as noted by the date stamps of all files of code in the repo--therefore any intellectual property I created prior to the company's formation is not a legal asset of the entity. It was not created on "company time". Furthermore there are no legal documents stating that I must relinquish the intellectual property upon resignation or that any software created under "company time" belongs to the company--although both parties in this situation are under the age [redacted] and classify as [redacted], meaning that we can not enter into legally binding documents. The DMCA takedown filler has also failed to substantiate any approved and valid copyrights of the files stored in the accused repo--writing "copyright Sage" does not make it valid. This failure to abide by DMCA guidelines and sending multiple misleading DMCA takedowns is considered perjury and harassment, none of which will be tolerated and can be acted upon legally.

Type (or copy and paste) the following statement: "I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

Type (or copy and paste) the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person."
I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person.

Please confirm that you have you have read our Guide to Submitting a DMCA Counter Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/

I confirm that I have read Github's Guide to Submitting a DMCA Counter Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/

So that the complaining party can get back to you, please provide both your telephone number and physical address:

Phone: [private]
Address: [private]

Please type your full legal name below to sign this request:
[private]